With the
passage of Amendment 1 to the Florida Constitution, rest assured
that the non-homestead and commercial property owner will soon
be hit with all kinds of fee increases and brand new fees to
make up for the budgetary shortfalls. Your city councils and
county commissioner are actively trying to sneak in fees as you
read this newsletter. All landlords and individuals involved in
the multi-family housing industry need to be determined to fight
any and all fee increases or new fees that are imposed. Get
involved, and carefully watch what your county or city is doing.
Tell them to trim the fat and cut the expenses from the budgets
they have allowed to bloat as appraised values skyrocketed. If
you sit back and do nothing, the burden may be worse than if
Amendment 1 had never passed.

The city of Winter Springs is currently deciding on the passage
of a Fire Assessment (i.e., fee) ordinance which will cost
$194.00 per unit. This type of fee is exactly what we fear will
become prevalent throughout Florida and will devastate an
already suffering rental housing market. The Apartment
Association of Greater Orlando (AAGO) is speaking out on this
fee ordinance and is actively opposing its passage. NOW is the
time we all need to become more active in our local apartment
association, NARPM chapter, FARPM and local landlord
associations. Political activism by all involved in this
industry is not an option, it is a necessity.

Many
property owners are entering into lease options with their
tenants. The idea is that the tenant has an option to purchase
the home at some time in the future at a price set today. Can
the owner change his mind after the tenant has moved in or
refuse to allow the tenant to exercise the option to purchase?
No. If the tenant is not in default of the lease option, the
owner must allow the tenant to exercise the option. A lease
option under which the owner can refuse to allow the tenant to
exercise the option is not an option at all. Be very cautious
when an owner requests a lease option, as it will bind the owner
to honoring that option if the tenant wishes to exercise it.
The owner must fully understand what he is giving the tenant.

Your tenant’s
lease is nearly up. You offer a renewal even though there are
outstanding late charges, past due water bills, a security
deposit that was never fully paid off and some monies owed for a
repair that was due to the negligence of the tenant. You prepare
a lease, but none of the prior delinquencies are reflected in
the new lease. The tenant signs, continues to pay rent but
refuses to pay the past money owed. Can you evict?

With the increase in eviction filings by pro se landlords,
judges are seeing more problems than ever before. Pro se of
course means “without an attorney”. In an attempt to save money,
many private owners decide to file their own evictions, and in
the process make huge mistakes. The large number of mistakes
have resulted in the judges being more cautious, so as not to
evict tenants when the Three Day Notice, summons or complaint is
improper. Whereas in the past some judges would have signed
final eviction judgments without a rigorous look at the court
file, now these same judges are scrutinizing the paperwork.

A landlord or property manger will often inherit leases from the
prior landlord or manager. These leases are usually store bought
leases, a lease out of a self-help guide, or something the
landlord printed out from an internet site. You file an eviction
a month later only to realize that the lease required all
notices to be sent by certified mail. Surprise! You now have to
start over again. Can this have been avoided? Yes, but it takes
some time and knowledge of what to look for.

Many self
storage owners and operators have fallen in love with an
unexpected source of revenue at their self storage facilities.
Namely a cell tower, and once a cell tower is up and running on
your property, it is a lot like found money. Assuming you can
get a cell tower company to be interested in your property, you
must be extremely careful to properly negotiate the terms and
conditions of the agreement before you simply sign on to a long
term agreement.

COMMERCIAL
LAW AND YOU
- Going Dark - When Your Tenant
Ceases Doing Business

Your
commercial tenant ceases operating their business. As used in
the vernacular of commercial leases, this is called “going
dark”. The leased premises may appear to be abandoned, and this
may have an economic impact on not only the landlord if the rent
is not being paid, but other tenants. The viability of the
center from a perception standpoint from prospective customers,
the negative impact on the center as to percentage rentals,
customer foot traffic and other intangibles can cause severe
problems. Clearly from the standpoint of an anchor tenant,
“going dark” could have a dramatic and extremely detrimental
impact upon the retail center as to the local tenants then
remaining.

Click hereforinfo on how to deal
with a commercial tenant “Going Dark”by attorney Kevin Jursinski.

A
proper notice and a risk of eviction often make a tenant comply
with the lease. However, that notice and risk of eviction can
sometimes be perceived as a fair housing violation. How can a
landlord figure out how to enforce the lease without looking
like he is violating the law? Is there really such a tightrope
to walk?